Agreement between user and TeamXStream.com
Welcome to TeamXStream.com. The TeamXStream.com website (the "Site") is
comprised of various web pages operated by Elevenpast Enterprises LLC
("TeamXStream"). TeamXStream.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein (the "Terms").
Your use of TeamXStream.com constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference.
TeamXStream.com is a E-commerce Site
TeamXStream is an online service for hosting and sharing sports related video.
Privacy
Your use of TeamXStream.com is subject to TeamXStream's Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting TeamXStream.com or sending emails to TeamXStream constitutes electronic
communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or password. You
may not assign or otherwise transfer your account to any other person or entity. You
acknowledge that TeamXStream is not responsible for third party access to your account
that results from theft or misappropriation of your account. TeamXStream and its
associates reserve the right to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion.
TeamXStream does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use
TeamXStream.com only with permission of a parent or guardian.
Cancellation/Refund Policy
All purchases are final.
Links to third party sites/Third party services
TeamXStream.com may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of TeamXStream and TeamXStream is not responsible for
the contents of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. TeamXStream is providing these
links to you only as a convenience, and the inclusion of any link does not imply
endorsement by TeamXStream of the site or any association with its operators.
Certain services made available via TeamXStream.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
TeamXStream.com domain, you hereby acknowledge and consent that TeamXStream
may share such information and data with any third party with whom TeamXStream has a
contractual relationship to provide the requested product, service or functionality on
behalf of TeamXStream.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
TeamXStream.com strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to TeamXStream that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any
manner which could damage, disable, overburden, or impair the Site or interfere with any
other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or provided
for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Site, is the property of
TeamXStream or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions contained in any
such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part,
found on the Site. TeamXStream content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and in particular you
will not delete or alter any proprietary rights or attribution notices in any content. You
will use protected content solely for your personal use, and will make no other use of the
content without the express written permission of TeamXStream and the copyright owner.
You agree that you do not acquire any ownership rights in any protected content. We do
not grant you any licenses, express or implied, to the intellectual property of
TeamXStream or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication Services
only to post, send and receive messages and material that are proper and related to the
particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information; upload files that contain software or other
material protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer; advertise or offer to sell
or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid
schemes or chain letters; download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material
contained in a file that is uploaded, restrict or inhibit any other user from using and
enjoying the Communication Services; violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service; harvest or otherwise
collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
TeamXStream has no obligation to monitor the Communication Services. However,
TeamXStream reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. TeamXStream reserves the right to
terminate your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
TeamXStream reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in
TeamXStream's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. TeamXStream does not control
or endorse the content, messages or information found in any Communication Service
and, therefore, TeamXStream specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized TeamXStream
spokespersons, and their views do not necessarily reflect those of TeamXStream.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such
limitations if you upload the materials.
Materials provided to TeamXStream.com or posted on any TeamXStream web page
TeamXStream does not claim ownership of the materials you provide to
TeamXStream.com (including feedback and suggestions) or post, upload, input or submit
to any TeamXStream Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you
are granting TeamXStream, our affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. TeamXStream is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in TeamXStream's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by TeamXStream from our offices
within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the
TeamXStream Content accessed through TeamXStream.com in any country or in any
manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless TeamXStream, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney's fees) relating to or arising out of your use of or inability
to use the Site or services, any user postings made by you, your violation of any terms of
this Agreement or your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. TeamXStream reserves the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with TeamXStream in
asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis;
class arbitrations and class/representative/collective actions are not permitted. THE
PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR
REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you
and Employer agree otherwise, the arbitrator may not consolidate more than one person's
claims, and may not otherwise preside over any form of a representative or class
proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. ELEVENPAST ENTERPRISES LLC AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME.
ELEVENPAST ENTERPRISES LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. ELEVENPAST ENTERPRISES LLC
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ELEVENPAST ENTERPRISES LLC AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
ELEVENPAST ENTERPRISES LLC OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
TeamXStream reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of
Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in
Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and TeamXStream as a result of this agreement or use of the Site.
TeamXStream's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of TeamXStream's right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by TeamXStream
with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement shall
continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and TeamXStream with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between the user and TeamXStream with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Changes to Terms
TeamXStream reserves the right, in its sole discretion, to change the Terms under which
TeamXStream.com is offered. The most current version of the Terms will supersede all
previous versions. TeamXStream encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
TeamXStream welcomes your questions or comments regarding the Terms:
Elevenpast Enterprises LLC
2093 Philadelphia Pike #1142
Claymont, Delaware 19703
Email Address: admin@teamxstream.com
Telephone number: (888) 484-3028
Effective as of September 01, 2014